| Project/Area Number |
15530056
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Civil law
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| Research Institution | HOKKAIDO UNIVERSITY |
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Principal Investigator |
OHTSUKA Ryuji Hokkaido Univ., Grad.School of Law, Prof., 大学院・法学研究科, 教授 (30009815)
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| Co-Investigator(Kenkyū-buntansha) |
FUJIWARA Masanori Hokkaido Univ., Grad.School of Law, Prof., 大学院・法学研究科, 教授 (70190105)
YAMAMOTO Tetsuo Hokkaido Univ., Grad.School of Law, Asso.Prof., 大学院・法学研究科, 助教授 (80230572)
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| Project Period (FY) |
2003 – 2005
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| Project Status |
Completed (Fiscal Year 2005)
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| Budget Amount *help |
¥3,100,000 (Direct Cost: ¥3,100,000)
Fiscal Year 2005: ¥1,000,000 (Direct Cost: ¥1,000,000)
Fiscal Year 2004: ¥600,000 (Direct Cost: ¥600,000)
Fiscal Year 2003: ¥1,500,000 (Direct Cost: ¥1,500,000)
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| Keywords | law of succession / succession of corporation / will contract / Precedent / Subsequent succession / revocable trust / succession tax / insurance / life insurance / 企業承継 / 配偶者相続権 / 先取りした相続 / 法定相続の空洞化 / 遺留分条項 / 遺言自由 / 予防法学 / 社会法 / 保険契約法 / 高齢社会 / 遺産承継 / 生前処分 / 死因処分 / 法廷相続の空洞化 |
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| Research Abstract |
The aim of this research lies in investigating the various possibilities or ways to translate a mount of estate form inheritee to heirs in the recent aging society. We have chosen as our main object of the research some law-institutions in German law. For German law does not know trust and to compensate this defect of law system he uses some contractual means to translate estate form the aged generation to the future inheritors.
1.The main subject of the research consists of three parts.
(1)Succession of Enterprises : The succession of enterprise plays a very important roll in our industry society. For it concerns not only the succession of the family-estate but also with the employment of the area of this enterprise. If the many heirs claim their share, the enterprise will be divided into many parts, which does not function as a economical unit. To prevent such misery German law developed some means.
(2)Some contractual means to translate (mainly family-) estate : In this area German law
… More
has many possibilities. For example will-contract, Precedent /Subsequent succession, contract of succession and so on. Especially plays Arrangements inter vivor a great roll in recent days. Because from this way heirs can be relieved, if they give their inheritee some services as an equivalent of estate given from the aging parents.
(3)Insurance : Insurance especially endowment insurance plays a important roll today. But it means, the great part of estate can fall out of inheritance. This possibility can gravely harm the interest of creditor of inheritance and the other heirs.
2.Some conclusions of this research
(1)We have from long time a institution trust like in anglo-american law. But in our society we could use this way in a very narrow area. And we do not have law-institution such as will contract and precedent/subsequent succession like in German law. This defect must be compensated whether by trust or by legislative ways in succession law.
(2)In addition to this problem mentioned above it is very difficult in our tax-system, to translate estate in the time, when the the translator is alive.
As consequence we could say, our system of succession has many defects especially facing the aging society in recent days. Less
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